51.1-1135.1 - Appeals. - Virginia Statutes

§ 51.1-1135.1. Appeals.

The Board may elect to develop an alternative to the process set forth in theAdministrative Process Act (§ 2.2-4000 et seq.) to allow appeals of casedecisions related to the payment of disability benefits under this chapter.This alternative process shall be modeled after the claims provisions asprovided for in the federal Employee Retirement Income Security Act of 1974,as amended, and shall (i) provide for adequate notice in writing to anyparticipant whose claim for benefits has been denied setting forth thespecific reasons for such denial, and (ii) afford a reasonable opportunity toany participant whose claim for benefits has been denied for a review of thedecision denying the claim. Articles 3 (§ 2.2-4018 et seq.) and 4 (§ 2.2-4024) of the Administrative Process Act shall not apply to any portion of thisalternative appeals process. However, any person aggrieved by, and claimingthe unlawfulness of, a final case decision issued pursuant to thisalternative appeals process, whether issued by the Board or by the Board'sdelegate, shall have a right to seek judicial review thereof. Such judicialreview shall be in accordance with Article 5 (§ 2.2-4025 et seq.) of theAdministrative Process Act.

(1999, c. 144; 2000, c. 889; 2001, c. 694; 2005, c. 473.)